February 1, 2011, Introduced by Rep. Meadows and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending sections 6 and 9b (MCL 117.6 and 117.9b), section 6 as
amended by 1984 PA 352 and section 9b as added by 1982 PA 465.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. Cities may be incorporated or, except as otherwise
provided in this section territory detached therefrom, or added
thereto, or consolidation made of 2 or more cities or villages into
1 city, or of a city and 1 or more villages into 1 city, or of 1 or
more cities or villages together with additional territory not
included within any incorporated city or village into 1 city, by
proceedings
originating by petition therefor signed by qualified
electors who are freeholders residing within the cities, villages,
or townships to be affected thereby, to a number not less than 1%
of the population of the territory affected thereby according to
the last preceding United States census, or according to a census
to be taken as hereinafter provided, which number shall be in no
case
less than 100, and not less than 10 of the signatures to such
the petition shall be obtained from each city, village, or township
to
be affected by the proposed change.
: Provided, That in No
territory may be detached from a city or village to a charter
township with a population of more than 20,000 that meets all of
the requirements under section 34(1)(a) through (g) of the charter
township act, 1947 PA 359, MCL 42.34. The provisions of the
previous sentence do not prevent the consolidation of 2 or more
municipalities as provided under this act. In the incorporation of
a city from an existing village without change of boundaries, the
requisite number of signatures may be obtained from throughout the
village without regard to the townships in which the signers are
residents. :
Provided further, That as As an alternate method in
the case of an annexation proceeding in which there are less than
10 persons qualified to sign the petition living in that
unincorporated territory of any township or townships proposed to
be
annexed to a city, that the signatures on the petition of
persons, firms, corporations, the United States government, or the
state or any of its subdivisions who collectively hold equitable
title as vendees under a recorded land contract or memorandum of
land contract, or record legal title to more than 1/2 of the area
of the land exclusive of streets, in the territory to be annexed at
the time of filing the petition, will suffice in lieu of obtaining
10
signatures from the township in which such the area
to be
annexed
lies. : And provided further, That on such On the petition
each signature shall be followed by a description of the land and
the area represented thereby and a sworn statement shall also
accompany
such the petition giving the total area of the land,
exclusive of streets, lying within the area proposed to be annexed.
:
Provided further, That before Before
any signatures are obtained
on
a petition as hereinbefore provided, such provided in this
section, the petition shall have attached to it a map or drawing
showing clearly the territory proposed to be incorporated,
detached,
or added, and each prospective signer shall be shown such
the
map or drawing before signing the
petition. Such The petition
shall be verified by the oath of 1 or more petitioners. The county
clerk, upon the presentment of a petition for incorporation of a
new city for filing, shall forthwith estimate all necessary expense
that may be incurred by the county in the incorporation
proceedings, and the clerk thereupon shall require that the sum so
estimated,
which in no case shall not
exceed $500.00, be deposited
with the clerk and shall refuse to accept the petition for filing
until
the sum is so deposited. : Provided, That in In proceedings
for the incorporation of a new city or the consolidation of 2 or
more cities or villages into 1 city, or of a city and 1 or more
villages into 1 city or of 1 or more cities or villages together
with additional territory not included within any incorporated city
or village into 1 city, a petition signed by not less than 100
qualified electors who are freeholders residing within the
territory
so proposed to be incorporated or consolidated, praying
for the taking of a census of the inhabitants of the territory
affected thereby, may be filed with the county clerk of the county
within
which said the territory is located. The county clerk shall,
within
5 days after the filing of such the
petition, certify to the
mayor of each city, president of each village, and supervisor of
each township affected thereby, and to the secretary of state that
such
the petition has so been filed. Within 5 days
after the
service
of such the certificate, the secretary of state shall
appoint an enumerator or enumerators to enumerate the inhabitants
of
each such city, village, and the portion of each township
proposed to be so incorporated, or a consolidation made thereof.
Before
entering upon the duties of said the office, each such
enumerator shall take and subscribe to the constitutional oath of
office before some officer authorized to administer oaths and file
the same with the secretary of state and with the county clerk of
the
county in which such the territory is located. It shall be is
the
duty of each enumerator so appointed to enumerate all of the
bona
fide inhabitants of such the
city, village, or township,
territory or portion thereof assigned to the enumerator by the
secretary of state and to visit each house or dwelling and to
obtain the names of each known resident thereof. The city, village,
or township within which the services of the enumerator are
rendered
shall pay for such the services together with any actual
and necessary expenses incurred by the enumerator. The rate of pay
and actual and necessary expenses of the enumerator shall be set by
the governing body of the city, village, or township in which the
census
takes place. Upon completing such the enumeration, it shall
be
is the duty of the persons so appointed to make
a return in
duplicate
of such the enumeration showing the names of the
inhabitants of each such city, village, or township, territory or
district
to the county clerk and to the secretary of state. No such
An enumeration or census shall not be conducted in any city,
village, or township, or portion thereof, within 2 years of the
date
of the last enumeration in such the
territory. Every such
enumeration shall be conducted under the general supervision and
control
of the secretary of state who is hereby empowered to make
rules and regulations for the purpose of carrying out the
provisions of this act.
Sec. 9b. (1) In addition to the detachment procedures
otherwise authorized by this act, and except as provided in
subsection (6), territory may be detached from a city if all of the
following conditions are met:
(a) The territory to be detached was annexed to the city after
the city was incorporated.
(b) The territory to be detached is to be reattached to the
municipality from which that territory was annexed.
(c) The city does not provide water or sewer service in the
territory to be detached.
(d) The council of the city from which the territory is being
detached approves a resolution authorizing the detachment of the
territory and confirming an agreement relating to the detachment.
(e) The legislative body of the municipality from which the
territory to be detached was annexed approves a resolution
authorizing detachment of the territory and confirming an agreement
related to the detachment.
(2) The city and municipality involved in a detachment under
this section may enter into an intergovernmental agreement which
imposes conditions on the detachment. The conditions may include,
but need not be limited to, building restrictions and zoning within
the territory to be detached.
(3) Territory detached under this section is immediately
reannexed to the detaching city if any of the following occurs:
(a) The city can and agrees to provide water and sewer
services, the city certifies these facts to the state boundary
commission, and the state boundary commission finds that the city
can provide water and sewer services to this territory.
(b) The municipality to which the territory was reattached
fails to comply with the intergovernmental agreement, the city
certifies that fact to the state boundary commission, and the state
boundary commission finds that the municipality is not in
compliance.
(4) Reannexation pursuant to subsection (3) shall not be
subject to the annexation requirements and restrictions of this
act, ;
Act No. 191 of the Public Acts of 1968, being sections
123.1001
to 123.1020 of the Michigan Compiled Laws; or Act No. 359
of
the Public Acts of 1947, being sections 42.1 to 42.34 of the
Michigan
Compiled Laws 1968 PA 191,
MCL 123.1001 to 123.1020, or
the charter township act, 1947 PA 359, MCL 42.1 to 42.34.
(5) All or part of territory detached under this section shall
not be subject to annexation.
(6) No territory may be detached from a city or village to a
charter township with a population of more than 20,000 that meets
all of the requirements under section 34(1)(a) through (g) of the
charter township act, 1947 PA 359, MCL 42.34. The provisions of
this subsection do not prevent the consolidation of 2 or more
municipalities as provided under this act.